Fidelity-Philadelphia Trust Co. v. Klinger

Opinion by

Rhodes, P. J.,

This is an action in ejectment. The plaintiff is trustee under a will, and seeks possession of premises occupied by the defendant who is testator’s son. The appeal involves the construction of the will in order to determine the right of defendant to continue living.in the premises after the death of testator’s widow.

The second paragraph of the last will and testament of Frederick W. Klinger, disposing of these premises, provides in part as follows: “When the Seventh Street residence, shall cease to be held for my wife and son (that is upon her death, remarriage or…